Clutchette v. Enomoto, 71-2357

Decision Date23 June 1976
Docket NumberNo. 71-2357,71-2357
Citation536 F.2d 305
PartiesJohn Wesley CLUTCHETTE et al., Appellees, v. Jerry J. ENOMOTO 1 et al., Appellants.
CourtU.S. Court of Appeals — Ninth Circuit

William D. Stein, Deputy Atty. Gen. (argued), San Francisco, Cal., for appellants.

William Bennett Turner (argued), San Francisco, Cal., for appellees.

ORDER

Before TUTTLE, * HUFSTEDLER and KILKENNY, Circuit Judges.

Insofar as our opinions in Clutchette v. Procunier (9th Cir. 1974) 497 F.2d 809, and Clutchette v. Procunier (9th Cir. 1975) 510 F.2d 613, are inconsistent with Enomoto v. Clutchette, sub nom. Baxter v. Palmigiano (1976) --- U.S. ----, 96 S.Ct. 1551, 47 L.Ed.2d 810, we vacate our prior opinions.

The cause is remanded to the district court for further proceedings consistent with Baxter v. Palmigiano, supra.

1 Heretofore Clutchette v. Procunier. The current Corrections Director, Enomoto, has been substituted for the former director, Procunier.

* Honorable Elbert P. Tuttle, Senior Judge, Fifth Circuit, sitting by designation.

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5 cases
  • Spain v. Procunier
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • May 30, 1979
    ...613 (9th Cir. 1975), (Rev'd sub nom. Enomoto v. Clutchette, 425 U.S. 308, 96 S.Ct. 1551, 47 L.Ed.2d 810 (1976), vacated in part, 536 F.2d 305 (9th Cir. 1976))" they were to be released from the AC and permitted to rejoin the general population of the prison. 408 F.Supp. at 547. We reverse a......
  • Johnson v. Duffy
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • December 27, 1978
    ...(1976) 425 U.S. 308, 96 S.Ct. 1551, 47 L.Ed.2d 810, and our order on remand, partially vacating our prior opinions, Clutchette v. Enomoto (9th Cir. 1976) 536 F.2d 305.)4 Since the date of Clutchette I, supra, and Wolff v. McDonnell, supra, regulations have been promulgated implementing both......
  • Russell v. Selsky
    • United States
    • U.S. Court of Appeals — Second Circuit
    • September 7, 1994
    ...sub nom. Baxter v. Palmigiano, 425 U.S. 308, 96 S.Ct. 1551, 47 L.Ed.2d 810 (1976), vacated in part on remand sub nom. Clutchette v. Enomoto, 536 F.2d 305 (9th Cir.1976); Braxton v. Carlson, 483 F.2d 933 (3d Cir.1973); and United States ex. rel. Miller v. Twomey, 479 F.2d 701 (7th Cir.1973),......
  • Rogers v. Bearley
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • November 5, 1996
    ...Clutchette was reversed on other grounds, Baxter v. Palmigiano, 425 U.S. 308, and this court vacated the opinion. Clutchette v. Enomoto, 536 F.2d 305 (9th Cir.1976). Even if it were good law, Clutchette would not apply here. Judge Erickson found that Bearley acted as a "witness" in the sens......
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